Contractors in Texas, Okla. Face Fines Totaling $345K After Trench Deaths

Two contractors – one in Texas and one in Oklahoma – have been cited for federal violations after their workers died in trench collapses in February.

Both have faced trench violations in the past, and neither had deployed proper cave-in protections when the latest incidents occurred, according to the U.S. Occupational Safety & Health Administration.

Worker, 37, Dies in El Paso

CMD Endeavors of El Paso, Texas, faces proposed penalties of $260,000 after a 37-year-old employee died in a cave-in February 6 during a waterline installation project, according to OSHA.

The collapse caused a piece of asphalt to fall on the worker, who died of injuries at the hospital. CMD had been cited for similar violations of no cave-in protection, twice in 2023 and once in 2018, according to OSHA records. It also had violations in 2020 in which workers were exposed to struck-by hazards in an excavation due to inadequate training.

For the February 6 incident, CMD was cited for inadequate cave-in protection, not providing proper means of exit from the trench (repeat), materials or equipment within 2 feet of the trench’s edge (repeat), and not providing support to an undermined pavement.

The proposed penalties total $260,848 for the February incident.

Previous penalties for CMD, according to OSHA records, include $60,000 for inadequate cave-in protection and other citations on a job in July 2023 and $40,000 for the same offense and others in June 2023. OSHA mentions a previous citation in 2018 for inadequate cave-in protection.

“Despite repeated citations and warnings about the dangers of unprotected trenches, CMD Endeavors has ignored the hazards for nearly a decade, and now an employee has lost their life,” said OSHA Area Director Diego Alvarado Jr. in El Paso. “Rather than protecting its workers from this workplace hazard, the company did nothing to prevent this tragedy and leaves a family, friends and co-workers to grieve a needless loss.”

61-Year-Old Pipelayer Dies in Oklahoma

Jerlow Construction Co. of Edmond, Oklahoma, has a history of violations dating back to 2018, according to OSHA records.

On February 7, a 61-year-old worker was installing a residential waterline in a 9-foor-deep trench in Shawnee when it collapsed and killed him. OSHA cited Jerlow with repeat violations of inadequate cave-in protection. It had similar citations issued in 2019 and 2020.

It was also cited with not training workers to recognize trenching hazards and no daily inspections of the trench before workers entered.

The company faces proposed penalties totaling $85,173 for the February inspection.

“Despite numerous warnings and notices of violations for failing to protect employees in trenches, Jerlow Construction has joined the all-too-long list of employers whose defiance of federal regulations resulted in a preventable loss of life,” said OSHA Area Director Steven Kirby in Oklahoma City. “Their failures are inexcusable.”

Both Jerlow and CMD Endeavors have 15 days from the issuance of the violations to appeal.

OSHA